[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[Senate]
[Pages 21905-21907]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-4133. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Veterinary Services User Fees; 
     Fees for Endorsing Export Certificates for Ruminants'' (Doc. 
     No. 02-240-2) received on September 8, 2003; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-4134. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Mexican Fruit Fly; Removal of 
     Regulated Area'' (Doc. No. 02-121-3) received on September 8, 
     2003 ; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-4135. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Witchweed; Regulated Areas'' 
     (Doc. No. 02-04202) received on September 8, 2003; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-4136. A communication from the Under Secretary of 
     Defense, Comptroller, Department of Defense, transmitting, 
     pursuant to law, a report of a violation of the 
     Antideficiency Act, case number 01-02; to the Committee on 
     Appropriations.
       EC-4137. A communication from the Under Secretary of 
     Defense, Comptroller, Department of Defense, transmitting, 
     pursuant to law, a report of a violation of the 
     Antideficiency Act, case number 01-01; to the Committee on 
     Appropriations.
       EC-4138. A communication from the Under Secretary of 
     Defense, Comptroller, Department of Defense, transmitting, 
     pursuant to law, a report of a violation of the 
     Antideficiency Act, case number 01-04; to the Committee on 
     Appropriations.
       EC-4139. A communication from the Under Secretary of 
     Defense, Personnel and Readiness, Department of Defense, 
     transmitting, the report of a retirement; to the Committee on 
     Armed Services.
       EC-4140. A communication from the Under Secretary of 
     Defense, Personnel and Readiness, Department of Defense, 
     transmitting, the report of a retirement; to the Committee on 
     Armed Services.
       EC-4141. A communication from the Under Secretary of 
     Defense, Comptroller, Department of Defense, transmitting, 
     pursuant to law, a quarterly report entitled ``Acceptance of 
     Contributions for Defense Programs, Projects, and Activities; 
     Defense Cooperation Account'' and a report on the value of 
     logistics support contributions that foreign nations have 
     provided the United States for the Global War on Terrorism; 
     to the Committee on Armed Services.
       EC-4142. A communication from the Office of the General 
     Counsel, Selective Service System, transmitting, pursuant to 
     law, the report of a designation of acting officer and 
     nomination for the position of Director, Selective Service 
     System, received on September 8, 2003; to the Committee on 
     Armed Services.
       EC-4143. A communication from the Acting Assistant 
     Secretary of the Army, Department of the Army, Department of 
     Defense, transmitting, pursuant to law, a report relative to 
     projects and separable elements that meet the criteria of 
     Section 1001(b)(2) of the Water Resources Development Act of 
     1986; to the Committee on Armed Services.
       EC-4144. A communication from the Under Secretary of 
     Defense, Personnel and Readiness, Department of Defense, 
     transmitting, the report of a retirement; to the Committee on 
     Armed Services.
       EC-4145. A communication from the President of the United 
     States, transmitting, pursuant to law, the report of an 
     intended nomination for the position of Director of Selective 
     Service; to the Committee on Armed Services.
       EC-4146. A communication from the Senior Paralegal, Office 
     of Thrift Supervision, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Regulatory Reporting Standards: Qualifications'' (RIN1550-
     AB54) received on September 8, 2003; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-4147. A communication from the Attorney Advisor, Office 
     of the Secretary, Department of Transportation, transmitting, 
     pursuant to law, the report of a vacancy and change in 
     previously submitted reported information for the position of 
     Deputy Secretary, Department of Transportation, received on 
     September 8, 2003; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4148. A communication from the Secretary, Office of 
     General Counsel, Federal Trade Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Policy 
     Statement on Monetary Equitable Remedies in Competition 
     Cases'' received on September 8, 2003; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4149. A communication from the Attorney, Federal Motor 
     Carrier Safety Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a nomination 
     confirmed for the position of Administrator, Federal Motor 
     Carrier Safety Administration, Department of Transportation, 
     received on September 8, 2003; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4150. A communication from the Secretary of 
     Transportation, transmitting, pursuant to law, the Department 
     of Transportation's report on increasing national safety belt 
     use; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4151. A communication from the Director, Office of 
     Surface Mining, Department of the Interior, transmitting, 
     pursuant to law, the report of a rule entitled ``Virginia 
     Regulatory Program'' (VA-120-FOR) received on September 8, 
     2003; to the Committee on Energy and Natural Resources.
       EC-4152. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     several documents that the Agency recently issued related to 
     its regulatory programs; to the Committee on Environment and 
     Public Works.
       EC-4153. A communication from the Chairman, Nuclear 
     Regulatory Commission, transmitting, a report relative to the 
     Commission's actions taken to enhance security at licensed 
     nuclear facilities and of radioactive material; to the 
     Committee on Environment and Public Works.
       EC-4154. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants for 
     Stationary Combustion Turbines'' (FRL#7554-2) received on 
     September 8, 2003; to the Committee on Environment and Public 
     Works.
       EC-4155. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants: 
     Miscellaneous Coating Manufacturing'' (FRL#7554-3) received 
     on September 8, 2003; to the Committee on Environment and 
     Public Works.
       EC-4156. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants: Surface 
     Coating of Plastic Parts and Products'' (FRL#7554-4) received 
     on September 8, 2003; to the Committee on Environment and 
     Public Works.
       EC-4157. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the Nevada State Implementation Plan, Clark County Air 
     Quality Management Board'' (FRL#7547-9) received on September 
     8, 2003; to the Committee on Environment and Public Works.
       EC-4158. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Protection 
     of Stratospheric Ozone: Phaseout of Chlorobromomethan 
     Production and Consumption'' (FRL#7553-3) received on 
     September 8, 2003; to the Committee on Environment and Public 
     Works.
       EC-4159. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants: Chlorine and 
     Hyrdochlorine Acid

[[Page 21906]]

     Emissions from Chlorine Production'' (FRL#7554-6) received on 
     September 8, 2003; to the Committee on Environment and Public 
     Works.
       EC-4160. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants: Mercury 
     Emissions from Mercury Cell Chlor-Alkali Plants'' (FRL#7551-
     5) received on September 8, 2003; to the Committee on 
     Environment and Public Works.
       EC-4161. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Emergency 
     Planning and Community Right-to-Know Act; Extremely Hazardous 
     Substances List; Modification of Threshold Planning Quantity 
     of Isophorone Diisocyanate'' (FRL#7554-9) received on 
     September 8, 2003; to the Committee on Environment and Public 
     Works.
       EC-4162. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants for Iron and 
     Steel Foundries'' (FRL#7554-5) received on September 8, 2003; 
     to the Committee on Environment and Public Works.
       EC-4163. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Guidance Under Section 1502; 
     Application of Section 108 to Members of a Consolidated 
     Group'' (RIN1545-BC39) received on September 8, 2003; to the 
     Committee on Finance.
       EC-4164. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Limitation on Use of the 
     Nonaccrual-experience Method of Accounting Under Section 
     448(d)(5)'' (RIN1545-BC31) received on September 8, 2003; to 
     the Committee on Finance.
       EC-4165. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Nonprescription Drugs Under 
     Section 105(b)'' (Rev. Rul. 2003-102) received on September 
     8, 2003; to the Committee on Finance.
       EC-4166. A communication from the Regulations Coordinator, 
     Centers for Medicaid and Medicare Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Medicaid 
     Program; Time Limitation of Price Recalculations and Record 
     Keeping Requirements Under the Drug Rebate Program'' 
     (RIN0938-AM20) received on September 8, 2003; to the 
     Committee on Finance.
       EC-4167. A communication from the Chairman, Medicare 
     Payment Advisory Commission, transmitting, pursuant to law, 
     the report of recommendations on the future of the social 
     health maintenance organization demonstration and on the 
     issue of risk adjustment for frail beneficiaries in the 
     attached report; to the Committee on Finance.
       EC-4168. A communication from the Secretary of Homeland 
     Security, transmitting, pursuant to law, the Administration's 
     bill to extend the customs user fees enacted in the 
     Consolidated Omnibus Budget Reconciliation Act of 1985; to 
     the Committee on Finance.
       EC-4169. A communication from the Secretary of Homeland 
     Security, transmitting, pursuant to law, a notification of 
     the transfer of a function within the Department of Homeland 
     Security; to the Committee on Finance.
       EC-4170. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to an amendment to Parts 
     123 and 125 of the International Traffic in Arms Regulations; 
     to the Committee on Foreign Relations.
       EC-4171. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, transmitting, pursuant to law, the report 
     of text and background statements of international 
     agreements, other than treaties; to the Committee on Foreign 
     Relations.
       EC-4172. A communication from the Assistant Secretary, 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, the report of certification of a proposed 
     license for the export of defense articles or defense 
     services sold commercially under a contract in the amount of 
     $50,000,000 or more to Japan; to the Committee on Foreign 
     Relations.
       EC-4173. A communication from the Assistant Secretary, 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, the report of a rule entitled ``Visas: 
     Documentation of Nonimmigrants Under the Immigration and 
     Nationality Act'' received on September 8, 2003; to the 
     Committee on Foreign Relations.
       EC-4174. A communication from the Auditor of the District 
     of Columbia, transmitting, a report relative to the Advisory 
     Neighborhood Commission; to the Committee on Governmental 
     Affairs.
       EC-4175. A communication from the Inspector General, 
     Railroad Retirement Board, transmitting, pursuant to law, the 
     budget request for the Office of Inspector General, Railroad 
     Retirement Board; to the Committee on Governmental Affairs.
       EC-4176. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report relative to D.C. Act 15-114, ``Presidential Elector 
     Deadline Waiver Temporary Amendment Act of 2003''; to the 
     Committee on Governmental Affairs.
       EC-4177. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report relative to D.C. Act 15-108 ``Bowling Alley and 
     Billiard Parlor Act of 2003''; to the Committee on 
     Governmental Affairs.
       EC-4178. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report relative to D.C. Act 15-110 ``Closing of a Public 
     Alley in Square 2297, S.O. 01-4263, Act of 2003''; to the 
     Committee on Governmental Affairs.
       EC-4179. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report relative to D.C. Act 15-112 ``District of Columbia 
     Hail Improvement Amendment Act of 2003''; to the Committee on 
     Governmental Affairs.
       EC-4180. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report relative to D.C. Act 15-113 ``Removal and Disposition 
     of Abandoned and Other Unlawfully Parked Vehicles Reform Act 
     of 2003''; to the Committee on Governmental Affairs.
       EC-4181. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report relative to D.C. Act 15-146 ``Streamlining Regulation 
     Act of 2003''; to the Committee on Governmental Affairs.
       EC-4182. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report relative to D.C. Act 15-142 ``Lincoln Square Theater 
     Sales and Use Tax Exemption Temporary Act of 2003''; to the 
     Committee on Governmental Affairs.
       EC-4183. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report relative to D.C. Act 15-109 ``Closing of a Public 
     Alley in Square 625, S.O. 01-187, Act of 2003''; to the 
     Committee on Governmental Affairs.
       EC-4184. A communication from the Chairman, Defense Nuclear 
     Facilities Safety Board, transmitting, pursuant to law, the 
     Board's Annual Report on Commercial Activities; to the 
     Committee on Governmental Affairs.
       EC-4185. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense, Personnel and Readiness, 
     transmitting, pursuant to law, a notification of an 
     institution of higher education that has a policy or practice 
     of denying military recruiting personnel entry to campuses; 
     to the Committee on Armed Services.
       EC-4186. A communication from the Chairman, Merit Systems 
     Protection Board, transmitting, a copy of the Board's Annual 
     Report for FY 2002; to the Committee on Governmental Affairs.
       EC-4187. A communication from the Assistant Secretary, 
     Policy, Management and Budget, Department of the Interior, 
     transmitting, pursuant to law, a report relative to grants 
     streamlining and standardization; to the Committee on 
     Governmental Affairs.
       EC-4188. A communication from the Secretary/Chief 
     Administrative Officer, Postal Rate Commission, transmitting, 
     pursuant to law, the report of a nomination for the position 
     of Commissioner, Postal Rate Commission, received on 
     September 8, 2003; to the Committee on Governmental Affairs.
       EC-4189. A communication from the Regulations Coordinator, 
     Office of the Secretary, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Uniform Administrative Requirements for Awards and 
     Subawards'' received on September 9, 2003; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-4190. A communication from the Railroad Retirement 
     Board, transmitting, a budget request for fiscal year 2005; 
     to the Committee on Health, Education, Labor, and Pensions.
       EC-4191. A communication from the White House Liaison, 
     Office of Elementary and Secondary Education, Department of 
     Education, transmitting, pursuant to law, the report of a 
     designation of acting officer for the position of Assistant 
     Secretary, Office of Elementary and Secondary Education, 
     received on September 8, 2003; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-4192. A communication from the White House Liaison, 
     Office of Elementary and Secondary Education, Department of 
     Education, transmitting, pursuant to law, the report of a 
     vacancy for the position of Deputy Secretary, Office of 
     Elementary and Secondary Education, received on September 8, 
     2003; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-4193. A communication from the White House Liaison, 
     Office of Elementary and Secondary Education, Department of 
     Education, transmitting, pursuant to law, the report of a 
     designation of acting officer for the position of Deputy 
     Secretary, Office of Elementary and Secondary Education, 
     received on September 8, 2003; to the Committee on Health, 
     Education, Labor, and Pensions.

[[Page 21907]]


       EC-4194. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Food Additives Permitted for Direct Addition to Food for 
     Human Consumption; Olestra'' (Doc. No. 2000F-0792) received 
     on September 8, 2003; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-4195. A communication from the Secretary of Health and 
     Human Services, transmitting, a report relative to the 
     evaluation of the Medicare Subvention Demonstration Project 
     for Military Retirees; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-4196. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled Accounting for VA and DoD Expenditures for Medicare 
     Beneficiaries''; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-4197. A communication from the Secretary of Health and 
     Human Services, transmitting, a report relative to promoting 
     the use of information technology in health care to increase 
     patient safety, reduce medical errors, and increase 
     efficiency; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-4198. A communication from the Secretary of Health and 
     Human Services, transmitting, a recommendation for the 
     applicable percentage increase in Medicare's hospital 
     inpatient prospective payment system rates for fiscal year 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-4199. A communication from the Associate Special Counsel 
     for Legal Counsel and Policy, Office of Special Counsel, 
     transmitting, the report of a vacancy, designation of acting 
     officer, and nomination for the position of Special Counsel, 
     received on September 9, 2003; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-4200. A communication from the Legal Counsel, Equal 
     Employment Opportunity Commission, transmitting, the report 
     of a nomination confirmed for the position of General 
     Counsel, Equal Employment Opportunity Commission, received on 
     September 8, 2003; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-4201. A communication from the Assistant Attorney 
     General for Administration, Department of Justice, 
     transmitting, pursuant to law, a request of the concurrence 
     of the Office of Management and Budget to consolidate the 
     Attorney General's Semiannual Report to Congress with the 
     DOJ's Annual Performance and Accountability Report; to the 
     Committee on the Judiciary.
       EC-4202. A communication from the Commissioner, Federal 
     Election Commission, transmitting, a copy of the Statement of 
     Policy Regarding Deposition Transcripts in Nonpublic 
     Investigations; to the Committee on Rules and Administration.
       EC-4203. A communication from the Secretary of Veterans 
     Affairs, transmitting, pursuant to law, the Department's 
     Strategic Plan for Fiscal Years 2003 through 2008; to the 
     Committee on Veterans' Affairs.

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